CrPC 291A→BNSS 327

CrPC 291A to BNSS 327: Identification report of Magistrate

Section 291A CrPC (1973) replaced by Section 327 BNSS (2023)

View CrPC Section 291A →View BNSS Section 327 →

CrPC 291A to BNSS 327 at a Glance

Section 291A CrPC (Identification report of Magistrate) is now Section 327 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 291A to BNSS 327?

Section 327 BNSS has the same heading as Section 291A CrPC and the same text, except as follows. Section 327(1) BNSS reads this Sanhita where Section 291A(1) CrPC read this Code. The proviso to Section 327(1) BNSS refers to Section 19 of the Bharatiya Sakshya Adhiniyam, 2023, Section 26 of the Bharatiya Sakshya Adhiniyam, 2023, Section 27 of the Bharatiya Sakshya Adhiniyam, 2023, Section 158 of the Bharatiya Sakshya Adhiniyam, 2023 or Section 160 of the Bharatiya Sakshya Adhiniyam, 2023, where the proviso to Section 291A(1) CrPC referred to Section 21 of the Indian Evidence Act, 1872, Section 32 of the Indian Evidence Act, 1872, Section 33 of the Indian Evidence Act, 1872, Section 155 of the Indian Evidence Act, 1872 or Section 157 of the Indian Evidence Act, 1872. The words as the case may be, which the proviso to Section 291A(1) CrPC read after the list of sections, are not in the proviso to Section 327(1) BNSS. Section 327(2) BNSS has the same text as Section 291A(2) CrPC.

CrPC 291A vs BNSS 327: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section291A327
HeadingIdentification report of MagistrateSame
Sub-sections2 sub-sectionsSame

CrPC 291A and BNSS 327: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 291A, CrPC 1973

291A. Identification report of Magistrate.—(1) Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this Code, although such Magistrate is not called as a witness: Provided that where such report contains a statement of any suspect or witness to which the provisions of section 21, section 32, section 33, section 155 or section 157, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), apply, such statement shall not be used under this sub-section except in accordance with the provisions of those sections. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject-matter of the said report.
BNSS 2023 (in force)

Section 327, BNSS 2023

327. Identification report of Magistrate.—(1) Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this Sanhita, although such Magistrate is not called as a witness: Provided that where such report contains a statement of any suspect or witness to which the provisions of section 19, section 26, section 27, section 158 or section 160 of the Bharatiya Sakshya Adhiniyam, 2023, apply, such statement shall not be used under this sub-section except in accordance with the provisions of those sections. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject-matter of the said report.

When It Applies: CrPC 291A vs BNSS 327

Under CrPC 291A
  1. Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under the Code, although such Magistrate is not called as a witness.
  2. Where such report contains a statement of any suspect or witness to which the provisions of Section 21 of the Indian Evidence Act, 1872, Section 32 of the Indian Evidence Act, 1872, Section 33 of the Indian Evidence Act, 1872, Section 155 of the Indian Evidence Act, 1872 or Section 157 of the Indian Evidence Act, 1872, as the case may be, apply, such statement shall not be used under Section 291A(1) CrPC except in accordance with the provisions of those sections.
  3. Under Section 291A(2) CrPC, the Court may, if it thinks fit, summon and examine such Magistrate as to the subject-matter of the said report.
  4. Under Section 291A(2) CrPC, the Court shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject-matter of the said report.
Under BNSS 327
  1. Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under the Sanhita, although such Magistrate is not called as a witness.
  2. Where such report contains a statement of any suspect or witness to which the provisions of Section 19 of the Bharatiya Sakshya Adhiniyam, 2023, Section 26 of the Bharatiya Sakshya Adhiniyam, 2023, Section 27 of the Bharatiya Sakshya Adhiniyam, 2023, Section 158 of the Bharatiya Sakshya Adhiniyam, 2023 or Section 160 of the Bharatiya Sakshya Adhiniyam, 2023 apply, such statement shall not be used under Section 327(1) BNSS except in accordance with the provisions of those sections.
  3. Under Section 327(2) BNSS, the Court may, if it thinks fit, summon and examine such Magistrate as to the subject-matter of the said report.
  4. Under Section 327(2) BNSS, the Court shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject-matter of the said report.

What CrPC 291A to BNSS 327 Means in Practice

Section 327(1) BNSS reads that any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under the Sanhita, although such Magistrate is not called as a witness. Section 291A(1) CrPC read the same way for the Code. Section 327(2) BNSS reads the same as Section 291A(2) CrPC on summoning and examining such Magistrate.

FAQs: CrPC 291A to BNSS 327

Where is Section 291A CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 291A(1) CrPC is found in Section 327(1) BNSS and Section 291A(2) CrPC in Section 327(2) BNSS.

Which Act does the proviso to Section 327(1) BNSS refer to?▼

The proviso to Section 327(1) BNSS refers to the Bharatiya Sakshya Adhiniyam, 2023, where the proviso to Section 291A(1) CrPC referred to the Indian Evidence Act, 1872. The sections it names are Section 19 of the Bharatiya Sakshya Adhiniyam, 2023, Section 26 of the Bharatiya Sakshya Adhiniyam, 2023, Section 27 of the Bharatiya Sakshya Adhiniyam, 2023, Section 158 of the Bharatiya Sakshya Adhiniyam, 2023 and Section 160 of the Bharatiya Sakshya Adhiniyam, 2023, where Section 291A(1) CrPC named Section 21 of the Indian Evidence Act, 1872, Section 32 of the Indian Evidence Act, 1872, Section 33 of the Indian Evidence Act, 1872, Section 155 of the Indian Evidence Act, 1872 and Section 157 of the Indian Evidence Act, 1872.

Is Section 327(2) BNSS different from Section 291A(2) CrPC?▼

Section 327(2) BNSS has the same text as Section 291A(2) CrPC. Both read that the Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject-matter of the said report.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·